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(영문) 서울중앙지방법원 2018.07.12 2018노881
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unfair because the punishment (amounting to KRW 800,000) imposed by the court below is too unreasonable.

2. The judgment of the defendant recognized the facts of crime and divided, there is no history of criminal punishment prior to the instant case, and the judgment of the court below that the injured person does not want the punishment of the defendant in agreement with the victim, and there are favorable circumstances for the defendant.

However, in light of the method of crime, etc., the crime in this case is deemed to be bad, the damage size is not small, the defendant committed a mistake similar to the crime in this case even at the juvenile city, and there was a disposition of suspension of indictment twice. The court below already determined the punishment by reducing the fine amount of the summary order in consideration of the above circumstances favorable to the defendant, and other various circumstances, which are the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, background and result of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is deemed to be reasonable, and it cannot be deemed to be unduly unfair.

The above assertion by the defendant is without merit.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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